26 N.C. Admin. Code 5.0112

Current through Register Vol. 39, No. 9, November 1, 2024

Section 05 .0112 - WAIVER

(a) The Commission in open session may waive any rule for which no specific waiver provision is set out.

(b) Any person or agency requesting a waiver shall do so in writing and shall set out the specific rule for which a waiver is requested and the reasons justifying such a waiver.

(c) Any person desiring a waiver of the Commission's rules shall submit a copy of the request to the rulemaking coordinator for the agency proposing a rule at the same time and in the same manner as the submission to the RRC.

(d) The factors to be used in deciding whether to waive a rule are:

(1) the necessity for a waiver;

(2) the amount of notice given to the Commission and its staff, the agency proposing the rule, and interested parties;

(3) the applicant's responsibility for the conditions creating the need for a waiver;

(4) the applicant's previous requests for a waiver;

(5) the applicant's knowledge of or experience with the rulemaking process;

(6) the precedential value of such a waiver;

(7) the harm to the applicant if a waiver is not granted;

(8) the harm to the agency if a waiver is granted when the agency is not the applicant.

26 N.C. Admin. Code 05 .0112

Authority G.S. 143B-30.1;
Eff. August 1, 2008.